Hyper Surveillance In The Criminal Justice System: Balancing Security And Civil Liberties In South Asian Countries (Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka) 252 tensified monitoring, observation, and scrutiny, often propelled by advanced technologies and data analytics. The chapter examines the utilization of technology and recent upgrades in the criminal justice systems of these countries, highlighting initiatives aimed at enhancing efficiency, transparency, and effectiveness. Furthermore, it explores the varied reasons driving the need for hyper-surveillance in South Asian countries, ranging from counterterrorism and national security concerns to transnational crime, political stability, cyber security threats, border security, public safety, and disaster management. Each country’s unique socio-political landscape and security challenges shape the imperative for hyper-surveillance, reflecting the complex interplay between security imperatives and civil liberties. Moreover, the chapter sheds light on instances of technology failure or infringement of rights due to hyper-surveillance observed in these countries. It scrutinizes cases such as India’s Aadhaar system privacy breaches, Pakistan’s surveillance laws enabling arbitrary surveillance, Sri Lanka’s counterterrorism measures violating due process rights, Bangladesh’s Digital Security Act censoring freedom of speech, and Nepal’s Cybercrime Act stifling online expression. Being precise, the chapter emphasizes the critical importance of balancing security needs with safeguarding civil liberties in the implementation of hyper-surveillance measures. It underscores the necessity for robust legal frameworks, independent oversight mechanisms, and transparent governance to mitigate the risks of abuse and ensure accountability. Additionally, it proposes the promotion of dialogue, awareness, and collaboration among stakeholders to foster responsible and ethical use of surveillance technologies in the criminal justice domain, thus upholding democratic principles and protecting fundamental rights. 1. HYPER-SURVEILLANCE AND TYPES Hyper-surveillance refers to the extensive monitoring of individuals, places, or an activity using advanced technological means beyond what is considered typical or necessary for security or oversight purposes. This surveillance often involves the collection, storage, and analysis of vast amounts of data, including audio, video, and
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